Denial Notice Sent (K1)

[ScottThuy 140]

Linda, did you and Thom see each other in person between March X, 2007 and March X, 2009 ("X" representing the exact day in March 2009 when you filed your I-129F)?

If you did NOT see each other in person during that 2- year period—or do not have primary evidence to prove it (see the VisaJourney K-1 guide)—an appeal is not an option. You must refile. Answer "yes" on #11 on your new petition, and attach a supplemental sheet with the pertinent dates and reason for denial. A previous denial for lack of evidence should not prejudice a new filing in any way, as long as you provide plenty of evidence in your new petition.

If you DID see each other during the aforementioned 2-year period AND have evidence to prove it, you can appeal or refile. The appeal will be more expensive, but MAY (or may not!) be faster. People who've been in the same position can offer far better advice in this regard.

We start our relationship talking by messenger August 14th and we met in person in September 7th, since that day Thom start visiting me, we talk almost all days by phone, skype or messenger till today.. we have a lot of pictures together, with my babgygirl, with my family, I even talk with his mom by phone, we have videos about he have been here in my home and some other places we had visiting, a few museums tickets and air plane records, bank account records about the pay in some hotels we stayed, restaurants, his time stamps in his passport... I don't know what else I need....

This friend told me this about the motion:

What you may not know & they dont tell you is you can file a " motion to reconsider". The fee for this is zero.

A motion is simply a letter explaining you are asking them to look at the case again because you left out some important evidence that would effect the decision they made in the case. Attach to the letter a copy of the denial. Send copies of all evidence you should have, would have sent before. Make sure that info has your case number & his SS number on it.

Stephen and Elisha I have to tell you that you are a light in this dark walk...Thank you!!

Linda

If they Deny at the NOA2 step.. its likely that this motion will only cost you time.... and likely result in same decision... a well prepared resub can be considerably more effective. At least VSC is working faster now than in the past months..

The initial application was a package.. they evaluate the package that was sent then... they often give a second chance with an RFE to fix any shortcomings.. in either case that application is what they base the decision on.. not anything else that you may find you missed. The motion could work if you can show that they misinterpreted what was submitted or if they ignored something...

[dipesh 0]

Linda, did you and Thom see each other in person between March X, 2007 and March X, 2009 ("X" representing the exact day in March 2009 when you filed your I-129F)?

If you did NOT see each other in person during that 2- year period—or do not have primary evidence to prove it (see the VisaJourney K-1 guide)—an appeal is not an option. You must refile. Answer "yes" on #11 on your new petition, and attach a supplemental sheet with the pertinent dates and reason for denial. A previous denial for lack of evidence should not prejudice a new filing in any way, as long as you provide plenty of evidence in your new petition.

If you DID see each other during the aforementioned 2-year period AND have evidence to prove it, you can appeal or refile. The appeal will be more expensive, but MAY (or may not!) be faster. People who've been in the same position can offer far better advice in this regard.

We start our relationship talking by messenger August 14th and we met in person in September 7th, since that day Thom start visiting me, we talk almost all days by phone, skype or messenger till today.. we have a lot of pictures together, with my babgygirl, with my family, I even talk with his mom by phone, we have videos about he have been here in my home and some other places we had visiting, a few museums tickets and air plane records, bank account records about the pay in some hotels we stayed, restaurants, his time stamps in his passport... I don't know what else I need....

This friend told me this about the motion:

What you may not know & they dont tell you is you can file a " motion to reconsider". The fee for this is zero.

A motion is simply a letter explaining you are asking them to look at the case again because you left out some important evidence that would effect the decision they made in the case. Attach to the letter a copy of the denial. Send copies of all evidence you should have, would have sent before. Make sure that info has your case number & his SS number on it.

Stephen and Elisha I have to tell you that you are a light in this dark walk...Thank you!!

Linda

If they Deny at the NOA2 step.. its likely that this motion will only cost you time.... and likely result in same decision... a well prepared resub can be considerably more effective. At least VSC is working faster now than in the past months..

The initial application was a package.. they evaluate the package that was sent then... they often give a second chance with an RFE to fix any shortcomings.. in either case that application is what they base the decision on.. not anything else that you may find you missed. The motion could work if you can show that they misinterpreted what was submitted or if they ignored something...

i submitted my i-129f on march 31 2009. me and my fiancee never met until april 2009 because of traditional customs and financial problems to travel back and forth to nepal. my case was denied yesterday after four and a half months and never got RFE. i don't know the reason yet since i haven't received a hard copy. i'm speculating that it's because me and my fiancee did not meet before filing i-129f.

we got engaged on march 12 2009 and in our culture( nepal/ newari) it's contrary for a groom to be present in engagement ceremony. i included the pictures of engagement, copy of books defining newari tradition and a letter by myself explaining why we did not meet yet.

here is the copy of the supporting letter i sent.

/////

I am planning to marry Sunita Bajracharya soon. So, I have attached the original statements from both of us stating that we intend to marry within 90 days of her arrival in the U.S.A. The requirement that we must have met should not apply to us because it is an arranged marriage and in our culture it’s voluntary for the couple to meet before the wedding. Also because of the cost of travel and my work schedule I could not manage to travel back to Nepal to see her.

We have been in a relationship since February 2008 and we have been communicating with each other through pictures, online video meetings and phone. We were engaged on March 12, 2009. According to arranged marriage tradition of Newari culture a groom should not be present during the engagement ceremony. The engagement ceremony is called “Gway Yankegu”. This ceremony is organized and arranged by my family and her family members. I have attached the copies of Newari wedding customs in separate sheets. I have also attached the pictures of engagement ceremony and one of our online conversation sessions.

///////

i went to nepal in april 2009 and we got married traditionally and legally in April 2009.

now my question is, is it legal to file i-130 (dependent visa for my wife) and then appeal or reopen my previously submitted case simultaneously so that she gets her visa the fastest one?

any help will be greatly appreciated.

thanks,

dipesh

[Stephen + Elisha 92]

Since you are legally married, you cannot reopen the case for the K-1 petition. You are no longer eligible for a K-1 visa.

You can file an I-130 for CR-1 status, and also file a new I-129F petition for K-3 status. Check the guides for more info.

Edited August 19, 2009 by Stephen + Elisha

[dipesh 0]

Since you are legally married, you cannot reopen the case for the K-1 petition. You are no longer eligible for a K-1 visa.

You can file an I-130 for CR-1 status, and also file a new I-129F petition for K-3 status. Check the guides for more info.

does that mean we get no benefit at all of applying early, instead our 3 months of time after marriage just went in vain?

thanks,

dipesh

[Stephen + Elisha 92]

Since you are legally married, you cannot reopen the case for the K-1 petition. You are no longer eligible for a K-1 visa.

You can file an I-130 for CR-1 status, and also file a new I-129F petition for K-3 status. Check the guides for more info.

does that mean we get no benefit at all of applying early, instead our 3 months of time after marriage just went in vain?

thanks,

dipesh

I'm afraid so. You can't convert a K-1 petition to a CR-1 or K-3 petition. Sorry.

Good luck with the rest of your journey!

[dipesh 0]

Since you are legally married, you cannot reopen the case for the K-1 petition. You are no longer eligible for a K-1 visa.

You can file an I-130 for CR-1 status, and also file a new I-129F petition for K-3 status. Check the guides for more info.

does that mean we get no benefit at all of applying early, instead our 3 months of time after marriage just went in vain?

thanks,

dipesh

I'm afraid so. You can't convert a K-1 petition to a CR-1 or K-3 petition. Sorry.

Good luck with the rest of your journey!

i haven't done the paperwork for my wedding in nepal will the wedding pictures be sufficient to file i-130?

[ThomLin 0]

Hey my beautiful family!!! Good morning!!! How are everybody? I hope ya'll be fine..

Well I back from my vacations saturday afternoon with my baby girl and Thom, we spend a great time there, after 5 months with out see him for both of us was really amazing be together again... the worse part is when you realize your love have to back and you will keep in your place with out the presence of the person you love.

Huatulco is beautiful I really recomended go there guys.

Yesterday was the last day of Thom here in Mexico and in my home, now I'm wondering how long is gonna take to see each other again... Is amazing can feel his arms hugging me, yesterday when I let him in the Airport and we say good bye I got this horrible feeling of sadness...

Today is a new day and I back to the reality, life goes on, so I'm starting living my life as the usual...missing him and he is like me...

After all this drama...lol... I wanted say hi guys and tell you I hope you all get finally your NOA2 (Richard, Degard, Stephen...my beautiful and amazing friends) all you guys of my VJ Family, I'll be praying and crossing my fingers to see you happy Brothers and Sisters...

I'm still on the journey, this week we going to send the papers, this last weekend we got together all our evidence, we going to make the motion and wait for indications of the USCIS... if they still say we have to appeal, if they say our option is appeal then we going to refile... any way...

Love you guys!

Linda

[ThomLin 0]

I'm so tired....

[Stephen + Elisha 92]

I'm so tired....

Awww... hang in there, Linda!

What did you guys decide to do? Are you filing the appeal/motion to reopen, or just going ahead with a new I-129F?

[ThomLin 0]

I'm so tired....

Awww... hang in there, Linda!

What did you guys decide to do? Are you filing the appeal/motion to reopen, or just going ahead with a new I-129F?

Thomas says we going to make the motion and then wait to see what the Uscis decide, if they say we still have to appeal, then we going to refile... We have been thinking seriously about cross the border but I'm afraid...

I'm tired to be checking, investigating... I can't do nothing...He's the only one who can make all this...

Thanks Stephen!, your girl must to be so happy to see how much you care about this, for all the things you are doing to be with her... That's so amazing... Everytime I check your comments, Dgard or Richard and I see how much you are involved on this to get your women by your sides is so touching and makes me cry, because you let the world know they are the most important persons in your life and that's what almost all the women wants..

Good work Stephen!!! thanks for be my friend!

Linda

[k.loveh 0]

I'm so tired....

Awww... hang in there, Linda!

What did you guys decide to do? Are you filing the appeal/motion to reopen, or just going ahead with a new I-129F?

Thomas says we going to make the motion and then wait to see what the Uscis decide, if they say we still have to appeal, then we going to refile... We have been thinking seriously about cross the border but I'm afraid...

I'm tired to be checking, investigating... I can't do nothing...He's the only one who can make all this...

Thanks Stephen!, your girl must to be so happy to see how much you care about this, for all the things you are doing to be with her... That's so amazing... Everytime I check your comments, Dgard or Richard and I see how much you are involved on this to get your women by your sides is so touching and makes me cry, because you let the world know they are the most important persons in your life and that's what almost all the women wants..

Good work Stephen!!! thanks for be my friend!

Linda

Hi Linda, I just read your story and took a peek at your photo's....you all make such a beautiful family!

I will pray for you that it turns out to be a nothing, but only a mistake like maybe forgot to fill in a blank or something on a form. Anyway, it was probably minor and will be easily remedied. Wait for sure till you know the reason, and then decide what you want to do, ie, re-file again or go the CR1 route.

God Bless You both!

[k.loveh 0]

Well we got the hard copy and the motives were what we thought ...drugs, alcohol and rock and roll!!!!!!!! jajajajajajajajajajajajaja...I'm kidding!!!

Thats funny.:

The reasons were we didn't sent proves about we have been together for those 2 years Thomas just sent the forms...

I didn't see this when I posted before, but am happy for your that it was something simple like this and can be remedied without I would think, too much trouble.

Good luck and only the very best wishes to you, your SO and your little one!

[Y's_habibitk 2]

i haven't done the paperwork for my wedding in nepal will the wedding pictures be sufficient to file i-130?

Do you mean the marriage certificate and stuff? You will need alot more than pics to send in with the 130. Start here:

http://www.visajourney.com/forums/index.ph...page=i130guide1

Good Luck

To the OP,

I just read your whole thread...wow Im sorry that you guys hit a bump, but it sounds like it may be easily remedied you have a wonderful attitude and Im sure you guys will make it through this time and it will pay off when you live together finally

Edited August 26, 2009 by Y's_habibitk

[dipesh 0]

i haven't done the paperwork for my wedding in nepal will the wedding pictures be sufficient to file i-130?

Do you mean the marriage certificate and stuff? You will need alot more than pics to send in with the 130. Start here:

http://www.visajourney.com/forums/index.ph...page=i130guide1

Good Luck

To the OP,

I just read your whole thread...wow Im sorry that you guys hit a bump, but it sounds like it may be easily remedied you have a wonderful attitude and Im sure you guys will make it through this time and it will pay off when you live together finally

Thank you Habibitik.

I received the hard copy of my denial and USCIS made an error. Called USCIS and they are gonna look over my case and let me know in 45 days. We are not waiting for another 45 days and going to file I-130 ASAP.

Here is the details of the reasoning they used to deny my case.

The notice stated " A review of the record reflects that the petitioner did not initially submit sufficient documentation to establish that the petitioner and beneficiary have personally met as required under section 214(d) of the Act."

Further "The petitioner marked the box "no" under Part B, question 18 of the Form I-129F, which reads " Has your fiance(e) met and seen you within the two-year period immediately receding the filing of the petition?" In addition, the petitioner stated, "We have not seen each other in two years as she moved to Dubai UAE to work, I refuse to fly anywhere near the Middle East due to our country's situation in the Middle East."

This statement is totally false and I did not include any statement like that in my petition. My fiancee has never been outside Nepal. So I think USCIS made an error and denied my petition.

i included all the details of our cultural and social practices and engagement pictures. the statement i submitted with I-129F goes like this

I am planning to marry Sunita Bajracharya soon. So, I have attached the original statements from both of us stating that we intend to marry within 90 days of her arrival in the U.S.A. The requirement that we must have met should not apply to us because it is an arranged marriage and in our culture it’s voluntary for the couple to meet before the wedding. Also because of the cost of travel and my work schedule I could not manage to travel back to Nepal to see her.

We have been in a relationship since February 2008 and we have been communicating with each other through pictures, online video meetings and phone. We were engaged on March 12, 2009. According to arranged marriage tradition of Newari culture a groom should not be present during the engagement ceremony. The engagement ceremony is called “Gway Yankegu”. This ceremony is organized and arranged by my family and her family members. I have attached the copies of Newari wedding customs in separate sheets. I have also attached the pictures of engagement ceremony and one of our online conversation sessions.

$455+4.5 months+USCIS error = case denied.

we are still under control and patiently waiting for our reunion soon.

Edited August 26, 2009 by dipesh

[ThomLin 0]

I'm so tired....

Awww... hang in there, Linda!

What did you guys decide to do? Are you filing the appeal/motion to reopen, or just going ahead with a new I-129F?

Thomas says we going to make the motion and then wait to see what the Uscis decide, if they say we still have to appeal, then we going to refile... We have been thinking seriously about cross the border but I'm afraid...

I'm tired to be checking, investigating... I can't do nothing...He's the only one who can make all this...

Thanks Stephen!, your girl must to be so happy to see how much you care about this, for all the things you are doing to be with her... That's so amazing... Everytime I check your comments, Dgard or Richard and I see how much you are involved on this to get your women by your sides is so touching and makes me cry, because you let the world know they are the most important persons in your life and that's what almost all the women wants..

Good work Stephen!!! thanks for be my friend!

Linda

Hi Linda, I just read your story and took a peek at your photo's....you all make such a beautiful family!

I will pray for you that it turns out to be a nothing, but only a mistake like maybe forgot to fill in a blank or something on a form. Anyway, it was probably minor and will be easily remedied. Wait for sure till you know the reason, and then decide what you want to do, ie, re-file again or go the CR1 route.

God Bless You both!

Thanks so much Hkgaur!!!

we going to refile, after all the investigation, is the best option, yea We know we have to wait again 6 months but is more sure that we can get an approval, an appeal is more expensive and can take longer is a huge risk...

Thanks for your comments, you are so sweet, I wish for you the best on your journey, God bless you friend!

Linda